The Construction Of "Six Elements Judgment Method" In The Discussion Of The Amount Of Larceny

Larceny is a common and frequently occurring property crime.In 2017,a county procuratorate handled 460 cases of larceny,accounting for 32.82% of the year's criminal cases;in the past three years,1432 cases of larceny,accounting for 31.6%of the total criminal cases in the past three years,nearly one third.Amount larceny(excluding repeated burglaries,household burglaries,armed theft,pickpocketing,etc.)does not constitute a crime if the amount of the crime does not meet the standards for filing a case.When the amount of crime reaches the filing standard,the determination of the specific amount of theft also affects sentencing.However,there is no uniform method to determine the amount of theft in practice,and there is a common simple "appraisal-only" theory,or blindly adhere to the principle of benefit to the defendant,or directly to the victim's loss theory,the identification method is inconsistent,there is no systematic analysis method,making the amount of theft identified high or low,which is not conducive to the strict administration of justice.Anti sex and impartiality.This article is composed of an introduction and three chapters,with a total of over 2words.Chapter one is an overview of the amount of larceny,including three sections.The first section expounds the concept of the amount of larceny,mainly from the meaning of the "amount" and the meaning of the "amount of larceny" to explain the concept of the amount of larceny.The second section expounds the legal basis of the amount of larceny,mainly including the requirements of property crimes,the embodiment of social harmfulness and the requirements of the principle of modesty and restraint in criminal law.The third section expounds the attributes of the amount of larceny,mainly from three aspects: the objective constituent elements,the embodiment of social harmfulness and the basis of conviction and sentencing of larceny.The second chapter identifies the amount of theft,including three sub sections.The first section introduces the connotation of the amount determination in larceny,mainly from the concept,nature,role and necessity of several aspects to elaborate;the second section formally introduces the key of this article,which is closely related to the amount of larceny six elements,namely,loss of the victim,effective price certification,price appraisal opinion,crime.The defendant and the defendant knew the mistake and the amount of stolen goods.The third section introduces the current practice of the amount of larceny cognizance of the status quo and its shortcomings,mainly is only appraisal theory,blindly adhere to the principle of benefit to the defendant,direct loss to the victim of several one-sided cognizance.Chapter 3,the construction of "Six Elements Judgment Method",including six sections,directly expounds the core of this article,that is,how to use the Six Elements Judgment Method to make a comprehensive analysis of the amount.The first section is based on the victim's loss,which includes the connotation,denotation and specific identification of the victim's loss;the second section is based on the effective price proof,mainly including the legal basis of the confirmation of the effective price proof,the characteristics of the effective price proof and specific forms of expression;the third section is based on the price appraisal opinion.In addition,it mainly introduces the advantages and disadvantages of appraisal opinions on prices,and puts forward the viewpoint of rational use of appraisal opinions;Section IV The influence of the defendant's cognition errors on the amount determination,mainly expounds the relationship between cognition errors and generalized intentions,and puts forward that it is necessary to distinguish whether the actor has the possibility of foresight when recognizing the errors,and mentions Section 5 defines the concept of the cost of crime and proposes that consideration does not belong to the cost of crime.Section 6 sets the amount of stolen goods sold as the bottom line,puts forward the specific application of the method and puts forward its own suggestions for the amendment of the law.